AGENDA  Henderson City Council Regular Monday11 October 2021 6:00 p.m. 134 Rose Avenue Henderson, North Carolina  R.G.( (Chick) Young, Jr. Council Chambers, Municipal Building  Mayor and City Council Members Mayor Eddie Ellington, Presiding Councimember Marion B. Williams Councilmember Sara M. Coffey Councilmember William Burnette Councilmember D. Michael Rainey  Councimember Melissa Elliott Councilmember Garry D. Daeke Councilmember Jason A. Spriggs Councilmember Ola Thorpe-Cooper  City Officials  E. Terrell Blackmon, City Manager D. Rix Edwards, City Attorney Esther. J.J McCrackin, City Clerk CALLTOORDER ROLLCALL  INVOCATION AND PLEDGE OF ALLEGIANCE  OPENING REMARKS  In order to provide for the highest standards of ethical behavior and Transparency in Governance as well as provide for good and open government, the City Council has approved Core Values regarding Ethical Behavior' and Transparency in Governance'. The Mayor now inquires as to whether any Council Member knows of any conflict ofi interest, or appearance of conflict, with respect to matters before the City Council. If any Council Member knows of a conflict ofi interest, or appearance of Core Value 4: Ethical Behavior: We value the public trust and will perform our duties and responsibilities with the highest levels ofintegrity, honesty, trustworthiness and professionalism. 2 Core Value 10: Transparency in Governance: We value transparency in the governance  conflict, please state sO at this time.  and operations oft the City.  11 October 2021 Agenda Page 1of13    ADJUSTMENTSTO AND/OR APPROVAL OF THE AGENDA  APPROVAL OF MINUTES  13 September 2021 Regular Meeting Minutes  PUBLIC HEARING  CAF21-93.1 Submission of Community Development Block Grant Neighborhood  Revitalization (CDBG-NR) to the North Carolina Department of Commerce  Rural Economic Development Division  Requested. By: City Manager E. Terrell Blackmon  Explanation: The purpose of this hearing is to state the eligible activities regarding the City's  intent to apply for Community Development Block Grant Neighborhood Revitalization (CDBG-NR) funds from the North Carolina Department of Commerce's Rural Economic Development Division (REDD). The North Carolina CDBG-NR Program is designed to give non-entitlement municipalities or counties an opportunity to tailor aj project to meet the community development The CDBG-NR Program requires at least one of the three national objectives to  needs specific and most critical to their locality.  be eligible:  Benefiting low-and-moderate income (LMI) persons Preventing or eliminating slum or blight  Meeting other community development needs that are deemed to be urgent because of existing conditions and pose a serious and immediate threat to the health and welfare of the community, and other financial resources are not The intent of the grant is to assist owner occupied dwellings with remediation of  available to meet the need.  their homes.  Fiscal Note: The maximum grant amount is $750,000 per grantee. There is no match required Recommendation: Direct staff to proceed with developing a grant request to the Department of  by the City in order to receive this grant funding.  Commerce.  Attachments: Resolution 21-66.1  11 October 2021 Agenda Page 2 of13    CAF21-108 Amending the Zoning Ordinance to Create an Urban Overlay District  Requested. By: Development Services Director Corey Williams  Explanation: The City of Henderson is embarking on establishing an Urban Redevelopment  Area east and west of the downtown district. Urban Redevelopment is briefly defined as an area with economic or social liabilities in conjunction with blight and lack of development within the area. In addition, the UNC School of Government Development Finance Initiative has studied the housing needs for the Henderson region and estimates that 3,000 additional housing units are required. In an effort to provide essential, efficient, and safe housing stock that is in harmony with the downtown district, an Urban Residential Overlay District is suggested. The Urban Overlay District will allow higher density which is currently not allowed in the area for multifamily. The overlay district will necessitate façade requirements for construction, architectural features to ensure harmony within the district, landscaping, and other features for development.  Fiscal. Note: No fiscal impact.  Recommendation: The Planning Board met on September 20, 2021, approved the Urban  Residential Overlay District to go before City Council. Therefore, staff  recommends approving the Ordinance.  Attachments: Ordinance 21-33  Planning Board Minutes  CAF21-109 Rezone a Lot on Graham Avenue, Vance County Tax Parcel 0032 01016  from B-2 (Highway Commercial District) to $-8 (Moderate to High Density  Residential District)  Requested. By: Development Services Director Corey Williams  Explanation: Mr. Thomas Floyd, property owner, is requesting to rezone 0.27 acres (11,7612  SF) from B-2 to R-8. The proposed rezoning would allow for residential development. The property has water and sewer. Mr. Floyd's goal is to market  the tract for residential development.  Fiscal Note: No fiscal impact.  Recommendation: The Planning Board met September 20, 2021, and approved the rezoning to  go before City Council. Therefore, staff recommends the rezoning approval from  B-2 to R-8  Attachments: Ordinance 21-34  Planning Board Minutes Rezoning Application  Rezoning Areal Map & 2030 Comprehensive Land Use Map Consistency Regulation and Adjacent Property Owners List  11 October 2021 Agenda Page 3 of13    CAF21-110 Amending the Zoning Ordinance to Allow Retail with Indoor Recreation and  Lounge Area as an Accessory Use  Requested. By: Development Services Director Corey Williams  Explanation: In an effort to allow added variety with retail spaces, Ordinance 21-35 has been  drafted to allow indoor recreation/lounge area as an accessory use. Indoor recreation is a business that provides an indoor. facility with usable indoor space designated. for indoor play,, fitness or leisure activities. This Ordinance will only allow retail establishments to operate indoor recreation spaces as an accessory use. A special use permit is required along with meeting the standards of the  Ordinance.  Fiscal. Note: No fiscal impact  Recommendation: The Planning Board met on September 20, 2021, approved text amendment to  allow retail with indoor recreation/lounge as an accessory to go before City Council. Therefore, staffrecommends approving the Ordinance.  Attachments: Ordinance 21-35  Planning Board Minutes  PUBLIC COMMENT PERIOD ON AGENDA ITEMS  Citizens may only speak on Agenda items at this time. Citizens wishing to address the Council must sign-in on a form provided by the City Clerk prior to the beginning of the meeting. The sign-in form is located on the podium. When recognized by the Mayor come forward to the podium, state your name, address and if you are a city resident. Please review the Citizen  Comment Guidelines that are provided below.  Citizen Comment Guidelines for Agenda Items  The Mayor and City Council welcome and encourage citizens to attend City Council meetings and to offer comments on matters of concern to 1) Citizens are requested tol limit their comments to five minutes; however, the Mayor, at his discretion, may limit comments to three minutes 2) Comments: should be presented in a civil manner and! be non-personal int nature, fact-based andi issue oriented. Except for the public hearing 4) Topics requiring further investigation will be referred tot the appropriate city official, Council Committee or agency and may, ifin order, be 5) Individual personnel issues are confidential by law and will not be discussed. Complaints relative tos specific individuals are to be directed to 6) Comments involving matters related to and on-going policei investigative matter and/or the court system will not be permitted; and 7) Citizens should not expect specific Council action, deliberation and/or comment on subject matter brought up during the public comment  them. Citizens are requested tor review the following public comment guidelines priort toa addressing the City Council.  shouldt there appeart tob be: al large number of! people wishingt to address the Council; comment period, citizens musts speak fort themselves during the public comment periods;  3) Citizens may noty yieldt their timet to another person; scheduled fora ai futurer meeting agenda; the City Manager;  section unless and until it has beens scheduled as al business item on ai futuret meeting agenda.  11 October 2021 Agenda Page 4 of13    NEW BUSINESS  CAF21-115 Ratify a Contract between the City of Henderson and Fifth Asset, Inc. dba as  DebtBook for Audit Services to Comply with GASB 87 for the Annual Audit  for FY21-22  Requested. By: Finance Director. Joey Fuqua  Explanation: The General Accounting Standards Board (GASB) has initiated accounting  standards rule 'GASB 87' which has audit requirements that identify leasor/leasee agreements that units of government are engaged in, whereby contractual asset/liability specifics are mandated to be reported beginning with To address this development, units of government need to establish a relationship with a third-party auditor who will provide accounting services and guidance to satisfy this mandate. The City of Henderson has secured an agreement with Fifth Asset, Inc. dba as DebtBook to comply with GASB 87 as described in the  FY22.  attached contract.  Fiscal Note: Appropriated funds have been established in the City's FY 21-22 budget to  accommodate expenses related to the third-party auditors named in the contract.  Expenses are estimated tol be $6,500.  Recommendation: Staff recommends that Council ratify the attached contract in order for the  City to proceed with completion oft the FY21-22 annual audit.  Attachments: Resolution 21-75  DebtBook Contract  CAF21-111 Authorizing the Removal or Demolition of 629 Vance Street for Failure to  Comply with Minimum Housing Code (Chapter 21)  Requested By: Development Services Director Corey Williams  Explanation: 629 Vance Street is in a serious state of dilapidation. The dwelling has been  vacant for many years. There have been several attempts to rehab the dwelling; however, major reconstruction is required. The owner, Angela Monique Hargrove of Henderson, NC, has not complied with the order to repair or demolish the The proper enforcement procedures have been followed in accordance with Chapter 21 of the City Code and North Carolina General Statues 160A-429,443 and 445. City Attorney Rix Edwards has reviewed the enforcement process.  dwelling issued on May 20, 2021.  Fiscal. Note: Estimated cost of demolition is $5,000.  Recommendation: Approve the Order of Demolition for 629 Vance Street  11 October 2021 Agenda Page 5of13    Attachments: Ordinance 21-36  Code Enforcement Case CE19-0429  CAF21-118 Amending the Budget to Establish Funds for the Completion of the HWRF  Oxidation Ditch Cleanout and Repair by BG Industrial, FY 22 Budget  Amendment #5  Requested By: Henderson Water Reclamation Director Christy Lipscomb  Explanation: Due to the abundance of sludge that is in the ditch from septic haulers, BG  Industrial is recommended to come in and finish cleaning out the ditch that Synagro was unable to complete. Completing this project will pave the way to being able to do some much needed maintenance on the oxidation ditch sO that it Having one of the oxidation ditches out of service makes the plant vulnerable to having violations due to mitigated processes. Rain events are much harder to  can be put back online.  process with this equipment being out of service.  Fiscal. Note: $258,230 from Sewer Fund Balance Recommendation: Approve the Resolution Attachments: Ordinance 21-38  CAF21-112 Approving Citizen Participation Plan for Comprehensive Land Use Plan  Requested. By: Development Services Director Corey Williams  Explanation: In an effort to move forward with the update for the Comprehensive Land Use  Plan, Insight Planning has drafted a Citizen Participation Plan. The Citizen Participation Plan gives guidance on how the public and City will engage in communication and disseminate information regarding the Comprehensive Plan. The Planning Board is the steering committee for the Comprehensive Plan and advisory board to the City Council, and the Council will make a final decision on  the Comprehensive Plan adoption.  Fiscal Note: The City entered contract with Insight Planning April 12, 2021, for $99,000 to  update Zoning Ordinance for NCGS160D, Comprehensive Land Use Plan, and  Unified Development Ordinance.  Recommendation: Adopt Citizen Participation Plan for Comprehensive Land Use Plan update.  Attachments: Resolution 21-72  Citizen Participation Plan  11 October 2021 Agenda Page 6 of13    CAF21-116 Amending the Budget to Move CIP General Funds to Establish a Budget for the  Communications Tower Installation and for the Repair and Maintenance of the Charles Street Water Fountain, FY21-22 BudgetAmendment #4  Requested By: Assistant City Manager Paylor Spruill  Explanation: Resolution 20-28 was approved by Council in May of 2020. This approved a  ground lease at 3755 US 158 Business Hwy for replacing the City's aging telecommunications tower with a new one to be owned by USCOC of Greater North Carolina, LLC (US CELLULAR). US Cellular is providing the demolition and replacement of the existing tower and the City has a colocation agreement on the new tower. As part of our agreement, the City is responsible for moving our existing ground equipment from the old facility and reusing within our designated area of the ground lease. This requires installing a new equipment communications cabinet and connecting to an emergency power supply. The The Charles St. water fountains required additional work to repair a reservoir and assembly. The additional funds are to cover that contractor's work and to cover  requested funds are for these purposes.  ground maintenance for the remainder of this fiscal year.  Fiscal Note: CIP funds will be amended in the FY 22 budget to accommodate the expenses for the  Communications Tower project and for the repair and maintenance oft the Charles St.  fountains.  Recommendation: Staff recommends establishment ofthis budget amendment.  Attachments: Ordinance 21-37  CAF21-117 Award Engineering Contract to Dewberry Engineers Inc. in the amount of  $16,000 to Design, Bid and Perform the Construction Administration on the Beckford Drive Waterline Extension from Radio Lane to Pelican Health  Henderson Driveway  Requested. By: City Engineer Clark Thomas  Explanation: The City of Henderson looped the Beckford Drive waterline in the last AC  waterline project, but there still remains one last segment of waterline to be installed along Beckford Drive and it is from Radio Lane to the North side of Pelican Health Henderson Driveway. Henderson's Capital Improvement Plan (CIP) was adopted, and funds were allocated in the FY 20 budget. If Council decides to proceed with the Engineering Contract, then Staff will properly bid the project and bring back ai recommendation of award for a Contractor. Please note that this is an important loop for Henderson and the connection point at Pelican is a 12" Main that extends under I-85 to connect with a regional line. This is the last piece in the puzzle to fill in the gap along Beckford Drive.  11 October 2021 Agenda Page 7 of13    Fiscal. Note: The allocated funds for this project are projected to be enough to cover the cost of Recommendation: Staffrecommends: awarding the contract to Dewberry Engineers Inc.  both the engineering and the construction.  Attachments: Resolution 21-76  Dewberry Engineering, Inc., Task Order  CAF21-120 Appointing the Redevelopment Commission to Serve as Housing Selection  Committee for the Community Development Block Grant Neighborhood  Revitalization (CDBG-NR). Program.  Requested By: Assistant City Clerk Paylor Spruill  Explanation: The purpose of this appointment is to establish a Housing Selection Committee  responsible for defining the criteria, within the guidelines oft the CDBG-NR grant, for eligible activities of the funds from the North Carolina Department of Commerce's Rural Economic Development Division (REDD). The North Carolina CDBG-NR Program is designed to give non-entitlement municipalities orc counties an opportunity to tailor a project to meet the community development The CDBG-NR Program requires at least one of the three national objectives to  needs specific and most critical to their locality.  be eligible:  o Benefiting low-and-moderate income (LMI) persons o! Preventing or eliminating slum or blight  ON Meeting other community development needs that are deemed to be urgent because of existing conditions and pose a serious and immediate threat to the health and welfare of the community, and other financial resources are  not available to meet the need.  The intent of the grant is to assist owner occupied dwellings with remediation of their homes. The Housing Selection Committee will prioritize applications per the Committee's adopted criteria and determine which applications will be awarded should the City grant proposal be approved. It is expected the Redevelopment Commission will give preference to urban redevelopment areas.  Fiscal Note: The maximum total grant amount is $750,000 per grantee. There is no match Recommendation: Appoint the Redevelopment Commission as the Housing Selectin Committee for  required by the City in order to receive this grant funding.  purposes oft this  Attachments: Resolution 21-77  11 October 2021 Agenda Page 8 of13    CAF21-113 Disposition of Jointly Owned Properties by the City and County Identified  as: High Street Lot, Recorded in Vance County Tax Deed Book 1341, Page 0793, Further Identified as PIN #0008 01026B; 522 Thomas Street, Recorded in Vance County Tax Deed Book 1199, Page 0608, Further Identified as PIN # 0021 01011; Thomas Street Lot, Recorded in Vance County Tax Deed Book 1289, Page 0204, Further Identified as PIN # 0021 01016; 1129 Booker Street, Recorded in Vance County Tax Deed Book 1226, Page 0670, Further Identified as PIN # 0021 03017; and 531 Highland Avenue, Recorded in Vance County Tax Deed Book 1284, Page 0654, Further Identified as PIN #  0078 02018  Requested. By: City Manager E. Terrell Blackmon  Explanation: Vance County Board of Commissioners received an offer to purchase these five  properties. The sale of the properties will be taken before the Vance County  Board during their October 2021 meeting.  High Street Lot 0008 01026B 002101011 $1,300 $3,200  522Thomas Thomas Street 1129 Booker 531 Highland  Street $1,450 $3,600  Lot 0021 01016 $1,450 $3,600  Street 002103017 $1,450 $3,600  Avenue 0078 02018 $1,100 $2,632  Offer to Purchase Assessed Tax Value  City$101.36+ City$1,252.54+ City$216+ City $5,955.81+ City; $840+ Total $229.30 Total $1,554.92 Total $509 Total $6,303.58 Total $1,171 County $21.43 County; $152.93 County; $199 County $211.02 County; $205 Total $86.08 Total $404.08 Total $322 Total $4,996.42 Total $579  Unpaid Taxes County $127.94 County $302.38 County; $293 County; $347.77 County$331  City $64.65+ City $251.15+  City$123+ City $4,785.40+  $374+ City $1,740  Accumulated Interest Attorney Fees  $1,067.70  $2,520  $2,385  $2,060  Fiscal Note: IfCouncil approves the transfer of this property to Vance County, it will be with  the understanding upon the sale that the proceeds will be shared on a pro rata  basis.  Recommendation: Staffdoes not recommend transferring this property.  Attachments: Resolution 21-73  Offers to Purchase and Copy ofl Deeds  Map  11 October 2021 Agenda Page 9 of13    CONSENT AGENDA  All matters listed under the Consent Agenda are considered to be routine or have been previously discussed, and can be approved in one motion, unless a Council Member asks for separate  consideration of an item.  CAF21-106 Providing for the Appointment of Deputy City Clerks  Requested. By: City Clerk EstherJ. McCrackin  Explanation: Iti is recognized that the City Clerk cannot always be in the office; therefore, the  appointment of deputy city clerks ensure that someone is available to attest Resolution 18-60 reaffirmed Assistant City Manager Paylor Spruill as Deputy City Clerk and at this time it is deemed prudent to appoint Executive Assistant  documents, record minutes, etc., at all times, as necessary.  Tracey Kimbrell as a second Deputy City Clerk.  Fiscal Note: None  Recommendation: For Council to reaffirm Assistant City Manager Paylor Spruill and to affirm  Executive Assistant Tracey Kimbrell as Deputy Clerks for an indefinite term.  Attachments: Resolution 21-71  CAF21-114 Financing Terms Between the City of Henderson and First Citizens Bank for  Approved Capital Outlay Equipment  Requested By: Finance Director. Joey Fuqua  Explanation: The Finance Department received quotes from two (2) banking institutions (2 no-  bids) that participated in municipal financing for the purchase of the below referenced pieces of equipment. City Council approved the purchase of this equipment in the FY 21-22 budget that was adopted on June 14, 2021. The projected budget amount for the equipment loan total was $1,533,200. The lowest bid was from First Citizens Bank at 1.44%. The quoted interest rates are  as follows:  S-YearleasePurchase Rate First Citizens Bank Benchmark Community Bank 1.49% Touchstone Bank SunTrust Bank  1.44% No bid No bid  The items to be purchased are listed below:  11 October 2021 Agenda Page 10of13    Department General Fund IT Policel Dept. Street Dept. Garage Dept. Sanitation Dept. Leaf Recreation Water Fund Water) Dept. Sewer Fund Sewer Dept.  Capital Equipment Network switch, $115,500 server, access.pt 7Vehicles/acc., $375,700 Radios, Comp. Chipper Truck, $300,500 Hot) Box, Sweeper, Trench] Roller Vehicle Lift, $80,000 Fuel System Machine/Box 21 Vehicles Truck, Jetter $190,000 Truck, Trench Roller, Survey Equip. Jetter Truck, $352,500 Trench Roller, CCTV1 Truck Totals  Budgeted Amount  Actual Cost $114,818 $341,310 $300,448 $78,587 $66,449 $50,810 $172,275 $312,939 $1,437,636  Variance $682.00 $34,390 $52 $1,413 $551 $1,190 $17,725 $39,561 $95,564  FY2022 Payments 0 0 0 0 0 0 0 0 0  FY2023 Payments $25,601.05 $80,003.28 $64,002.62 $16,000.66 $12,800.52 $9,600.39 $38,401.57 $73,603.01 $320,013.10  $67,000 $52,000  $1,533,200  Savings willl be used to cover the shared cost oft the CCTV truck and other identified items.  As approved in the FY 22 budget, the items listed for the general fund would not  require a payment until after. July 1,2023. through competitive bids from a variety ofbanks. Bank for the purchase ofthe approved capital outlay.  Fiscal. Note: Capital outlay items have been approved in the FY 21-22 budget to be acquired Recommendation: Staff recommends approving the lowest bid submitted from First Citizens  Attachments: Resolution 21-74  CAF21-107 Tax Releases and Refunds for the Month of August 2021  Requested. By: Finance Director Joey Fuqua  Explanation: The Vance County Tax office submitted the following tax releases and refunds to  the Finance Department for the month of August 2021.7 These records are found to  bei in order and are being recommended for approval.  11 October 2021 Agenda Page 11 of13    Fiscal Note: Name Various Various Various Various Various  August 2021 Tax Releases & Refunds Real & Personal Property Releases  Reason Corrected Value Personal Property Billed In! Error Grant Exemption Reall Property Billed Inl Error Remove Late List Grant Exemption  Tax Year  Amount $ $ $ $ $ $ $ $ $ $ $ $ $ $  2019-2021 2020-2021 2021 2021 2021 2021 2021  1,123.15 6,928.66 17,632.39 845.80 210.60 26,740.60 652.38 652.38 2,434.68 2,434.68 144.97 144.97  Real & Personal Property Releases Total Real & Personal Property Refunds Hamm, Johnny Real & Personal Property Refunds Total Gapl Billl Discoveries Miscellaneous Gap Bill Discoveries Total Real & Personal Property Discoveries Miscellaneous Real & Personal Property Discoveries Total Audit Discoveries Audit Discoveries Total Total Refunds, Releases, & Discoveries  Gap Billl Discoveries  Real & Personall Property Disc.  2021  $ 29,972.63  Recommendation: Approval oft the Tax Releases and Refunds for August 2021. PUBLIC COMMENT PERIOD ON NON-AGENDA ITEMS  Citizens may only speak on non-Agenda items at this time. Citizens wishing to address the Council must sign-in on a form provided by the City Clerk prior to the beginning oft the meeting. The sign-in form is located on the podium. When recognized by the Mayor, come forward to the podium, state your name, address and if you are a city resident. Please review the Citizen  Comment Guidelines that are provided below.* Citizen Comment Guidelines for Non-Agenda Items  Thel Mayor and City Council welcome and encourage citizens to attend City Council meetings and to offer comments oni matters of concern to 1) Citizens are requested tol limit their comments to five minutes; however, the Mayor, at his discretion, may limit comments to three minutes 2) Comments should bep presented in a civil manner and be non-personal in nature, fact-based and issue oriented. Except for the public hearing 4) Topics requiring further investigation willl be referred to the appropriate city official, Council Committee or agency and may, ifi in order, be 5) Individual personnel issues are confidential by law and will not be discussed. Complaints relative tos specific individuals aret tob be directed to 6) Comments involving matters related to and on-going police investigative matter and/or the court system will not bej permitted; and 7) Citizens should not expect specific Council action, deliberation and/or comment on subject matter brought up during the public comment  them. Citizens are requested to review the following public comment guidelines priort to addressing the City Council.  should there appear to bea al larger number of people wishing to address the Council; comment period, citizens must speak for themselves during they public comment periods;  3) Citizens may noty yieldt their timet to another person; scheduled for ai future meeting agenda; the City Manager;  section unless and until itl has beens scheduled: as al business item on af future meeting agenda.  11 October 2021 Agenda Page 12 of13    REPORTS  a) Mayor/Mayor Pro-Tem (No Report) b) City Manager (No Report) c) City Attorney (No Report) d) City Clerk i. Meeting and Events Calendar ii. E-911 Monthly Report iii. Fire Department Monthly Report  WORK SESSION  CAF21-119 American Recovery Plan Recommendation  Materials to be Distributed During the Meeting  CLOSED SESSION  Pursuant to G.S.S143-318.11 (a)(3)regarding Attorney/Client Privilege  ADJOURNMENT  11 October 2021 Agenda Page 13 of13